RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050004089


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the
Air Medal, the Army Good Conduct Medal, two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and four bronze
service stars.

2.  The applicant states, in effect, that the above awards need to be added
to his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a DD Form 214 with the period ending 25 August
1969 and a DD Form 215 (Correction to DD Form 214, Report of Separation
from Active Duty), dated 2 July 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 25 August 1969.  The application submitted in this case is dated 24
February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal under
the provisions of Section 1130, Title 10, United States Code.  He has been
notified by separate correspondence of the procedures for applying for the
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 8 December 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 51N (Water Supply
Specialist).  He was later awarded primary MOS 11B.
5.  Records show that the applicant was absent without leave (AWOL) for the
period 7 August 1967 through 10 August 1967 and was reduced to Private/E-2
on 23 August 1967, apparently as a result of his AWOL.

6.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Company, 65th Engineer Battalion on or about 7 September 1968.
On 31 December 1968, he was reassigned to A Company, 4th Battalion, 9th
Infantry.  He departed Vietnam on or about 22 August 1969 after being
credited with participating in four campaigns.

7.  The applicant was honorably released from active duty on 25 August 1969
and transferred to the U.S. Army Reserve Control Group after completing
2 years, 8 months, and 14 days of creditable active service with 4 days of
lost time.

8.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal.

9.  A DD Form 215, dated 2 July 2002, was issued to the applicant which
deleted the Vietnam Service Medal and the Republic of Vietnam Campaign
Medal in item 24 and amended item 24 of his DD Form 214 by adding the
Vietnam Service Medal with one bronze service star, the Republic of Vietnam
Campaign Medal with Device (1960), the Bronze Star Medal, the Combat
Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, and
two Overseas Bars.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 65th Engineer Battalion, it was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 September 1968 through 30 September 1970 based on Headquarters,
Department of the Army General Orders Number 5, dated 1973.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 65th Engineer Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 13 March 1966 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1970.



12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 4th Battalion, 9th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 1 September 1968 through 30 September 1970 based on
Headquarters, Department of the Army General Orders Number 5, dated 1973.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 4th Battalion, 9th Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 30 April 1966 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

14.  Department of the Army Pamphlet 672-3 states that not more than one
Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by
any individual.  Although multiple awards of this citation badge may not be
worn, official military personnel and historical records will indicate all
awards received.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.  However, there
was no right or entitlement to the medal until the immediate commander made
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not met the regulatory requirements for award of the
Army Good Conduct Medal.  Evidence of records show he was AWOL during the
period 7 August 1967 through 10 August 1967 (the regulation requires 3
years of continuous active service) and it appears he was reduced in grade
as a result of his AWOL.



2.  The applicant was assigned to two separate units during a period of
time these units were both awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  Although he may wear only one award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation his DD Form
214 should be amended to add all these unit awards.

3.  The applicant’s participation in four campaigns entitles him to four
bronze service stars to be worn on his Vietnam Service Medal.  His DD Form
214 should be amended to add these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 August 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 August 1972.  The applicant did not file within the
3-year statute of limitations; however, based on the available evidence it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LE____  __ PMS _  __ LGH _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his DD Form
214 to show two awards of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and four bronze service stars to be worn
on his Vietnam Service Medal.





2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Army Good Conduct Medal.




                            ____ Lester Echols _____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004089                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0018.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0094.0000                           |
|4.                      |107.0095.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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